10.4, Civilian Complaints Flashcards
A _____________ is a systematic gathering of facts and evidence concerning a specific event or allegation of misconduct.
Investigation
HPM 10.4, Chapter 5
Which category of civilian complaint requires a chronological log in the investigation documentation?
Category I
HPM 10.4, Chapter 5
True or False: a check of a complainant’s criminal and DMV records could be used as an additional source or factor by an investigator.
True
HPM 10.4, Chapter 5
Name the three basic steps of an investigation.
1) Determine the questions
2) Determine the answers
3) Document the results
(HPM 10.4, Chapter 5)
True or False: if a complainant or his/her legal representative expresses a desire that they not be interviewed, the investigation shall be terminated based on a lack of evidence.
False
HPM 10.4, Chapter 5
True or False: employees should not be allowed representation during complaint investigations that may not lead to adverse action.
True
HPM 10.4, Chapter 5
True or False: prior to an interview, employees who are the subject of an investigation should be directed to complete a CHP 51, Memorandum, describing his or her version of the matter in question.
False
HPM 10.4, Chapter 5
As determined by the commander, In potentially serious cases, statements by complainants and witnesses ___________ (should/shall) be recorded.
Shall
HPM 10.4, Chapter 5
True or False: complainants or witnesses who desire to use an audio tape recorder to record an interview or discussion with an investigator shall be allowed to do so.
True
HPM 10.4, Chapter 5
During the course of an investigation, an employee’s complaint history _________ (should/shall) be examined in order to determine the existence of previous complaints that may be relevant to the current investigation.
Shall
HPM 10.4, Chapter 5
According to HPM 10.4, evidence pertaining to an investigation shall be stored for a period of _______ years, beginning with the date the complaint was filed.
5 years
HPM 10.4, Chapter 5
All complaints with allegations of criminal misconduct that have been given a finding of ___________ or __________ shall be referred to the respective prosecuting attorney’s office for review.
Sustained or Unintentional Error
HPM 10.4, Chapter 5
When may a civilian complaint investigation be amended directly by the investigating command and/or reviewing/approval authority?
Any time prior to discussion and review with the involved employee.
(HPM 10.4, Chapter 10)
Uniformed officer ______________(shall/shall not) physically arrest persons suspected of violating 148.6 PC - Knowingly filing a false complaint against a peace officer.
Shall not
HPM 10.4, Chapter 10
True or False: Employees who elect to initiate a civil action against a complainant for knowingly filing a false complaint may use departmental resources to help prepare, adjudicate, and administer such a case.
False
HPM 10.4, Chapter 10
The _______________ is a catalog of complainants who have demonstrated a propensity towards the filing of frivolous, spurious, or specious complaints.
Information File
HPM 10.4, Chapter 10
What action must be taken when an employee learns that another agency is conducting an investigation involving CHP personnel.
Immediately notify his or commander
HPM 10.4, Chapter 10
Are CHP employees required to consent to an interview by investigators pursuant to a civil rights investigation by an outside agency?
No; the decision to consent to an interview with an outside investigator is a the sole discretion of the employee.
(HPM 10.4, Chapter 10)
True or False: when a CHP employee is interviewed on state time pursuant to a civil rights investigation by an outside agency, a departmental supervisor shall be present and shall tape record the interview.
True
HPM 10.4, Chapter 10
Who has the primary responsibility for the civilian complaint program at the field and Division level?
Commanders
HPM 10.4, Chapter 4
True or False: If a complaint is filed against an employee who has transferred, the responsibility for investigating the complaint rests with the employee’s new command.
False (It is the responsibility of the command to which the employee was assigned at the time of the alleged incident)
(HPM 10.4, Chapter 4)
Who may be assigned as the primary investigator for a civilian complaint?
An employee at least one rank higher than the involved employee, unless otherwise approved by the Division commander or Assistant Commissioner.
(HPM 10.4, Chapter 4)
The normal suspense period for civilian complaints is ________ days.
60 days
HPM 10.4, Chapter 4
The normal suspense period for legislative complaints is _________ days.
30 days
HPM 10.4, Chapter 4
Civilian complaints originating while an employee is at the Academy will be the responsibility of the ___________.
Academy commander
HPM 10.4, Chapter 4
True or False: although civilian complaints arising from employees assigned to special assignments remain the responsibility of the employee’s departmental commander, it may prove more practical to coordinate the investigation and documentation of any complaints with the employee’s special assignment commander.
True
HPM 10.4, Chapter 4
Civilian complaints originating while an employee is working a temporary assignment within the Department, such as PSD, Motor Carrier inspection program, etc., remain the responsibility of ______________.
The employee’s permanent commander
HPM 10.4, Chapter 4
True or False: when an investigation involves multiple employees assigned to different commands, a single Division, Area, or Section shall be appointed as the primary investigating command.
True
HPM 10.4, Chapter 4